Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Decree provides the honor restoration for agencies, organizations or individuals suffering honor damage; the compensations for agencies, organizations or individuals suffering from property damage; the regime of supports for individuals who have got injured, health damage or loss of lives due to their participation in national security protection.
Foreign individuals, agencies and organizations, international organizations, that suffer honor damage, property damage; foreigners who get injured, health damage or loss of lives due to their participation in national security protection in the Vietnamese territory shall have their honor restored, be compensated for damage and rendered supports by the State of the Socialist Republic of Vietnam in accordance with the provisions of this Decree.
In cases where a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, such treaty shall apply.
Article 2.- Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Participation in national security protection mean activities of agencies, organizations or individuals in preventing, detecting, fighting infringements upon the national security, which are carried out under management, guidance and monitoring of specialized national security protection agencies or individuals who voluntarily participate therein.
2. Honor damage means the decrease in or loss of respect and/or fine valuation of the society for agencies, organizations or individuals.
3. Material compensation means compensation in cash or in kind.
4. Material support means support in cash or in kind.
Article 3.- Honor restoration, compensation, support
1. The honor restoration for agencies, organizations or individuals suffering from honor damage (hereinafter referred to collectively as honor damage sufferers) due to their participation in national security protection, which is carried out by competent state bodies means a public correction or apology on the mass media or a direct correction notice or apology to a honor damage sufferer in case of necessity to keep secret for agencies, organizations or individuals.
2. The damage compensation shall be carried out by competent state bodies for agencies, organizations or individuals suffering property damage (hereinafter referred to collectively as property damage sufferers) due to their participation in national security protection, which is, however, not caused directly by persons who commit crimes of infringing upon the national security; in cases where the property damage is caused by persons who commit crimes of infringing upon the national security, it shall be settled in accordance with the provisions of the Penal Code and the Criminal Procedure Code.
3. The damage supports shall be rendered by competent state bodies to persons who get injured, health damage (hereinafter referred to collectively as health damage sufferers) or loss of lives due to participation in national security protection.
Article 4.- Rights of damage-suffering agencies, organizations and individuals
1. Agencies, organizations and individuals suffering damage due to participation in national security protection shall have the right to personally or through their lawful representatives request competent state bodies to restore their honor, compensate for property damage, provide supports for persons who suffer the loss of lives or health damage.
2. Where participants in national security protection record outstanding achievements and suffer the loss of lives or health damage, they themselves or their families shall enjoy the preferential treatment regime applicable to people with meritorious services and be commended according to the provisions of law.
Article 5.- Responsibility to consider and settle the honor restoration, compensations, supports
1. Competent state bodies shall have to consider and decide in time on the honor restoration, damage compensation and/or supports for subjects suffering damage due to participation in national security protection according to the provisions of this Decree and other relevant legal provisions.
2. Specialized national security protection agencies must take initiative in reviewing and making statistics on cases which require honor restoration, property damage compensations or supports so as to consider and decide on the honor restoration, damage compensations and/or supports according to competence or propose competent authorities to consider and decide thereon.
3. The honor restoration, damage compensation and support must be decided in writing by competent authorities. For cases of damage compensation or support (in cash or in kind) at the level of VND 10,000,000 (ten million) or more, Advisory Councils must be set up for consideration and decision.
Tìm kiếm
Nghị định 16/2006/NĐ-CP về việc khôi phục danh dự, đền bù, trợ cấp cho cơ quan, tổ chức, cá nhân bị thiệt hại do tham gia bảo vệ an ninh quốc gia (Bản Word)
Nghị định 16/2006/NĐ-CP về việc khôi phục danh dự, đền bù, trợ cấp cho cơ quan, tổ chức, cá nhân bị thiệt hại do tham gia bảo vệ an ninh quốc gia (Bản Pdf)